Klarquist Attorneys Obtain TTAB Ruling Cancelling Competitor’s Mark
On March 15, 2007, Klarquist Sparkman, LLP successfully won cancellation of a competitor’s mark in an appeal filed with the Trademark Trial and Appeal Board (TTAB). A copy of the TTAB’s decision can be found here.
Klarquist’s client, Jansen Enterprises, Inc., filed a petition with the TTAB to cancel the registration owned by Israel Rind and Stuart Stone (Respondents). The petition asserted the “IZZY’S” trademarks and alleged that Respondents’ mark “IZZY’S BROOKLYN BAGELS THE AUTHENTIC FLAVOR KOSHER (AND DESIGN)” caused a likelihood of confusion. The TTAB agreed by finding a likelihood of confusion, granting the petition for cancellation, and rejected Respondents’ laches defense. The decision is published as a precedent opinion.
Jansen Enterprises, Inc. exclusively licenses its IZZY’s marks to Izzy’s Franchise Systems, Inc. There are twenty-four Izzy’s licensed restaurants located in Oregon and Washington, including Izzy’s Pizza restaurants.